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Report No. 58

Appendix 5

Rules as to Disciplinary Proceedings against Government Servants in Some States

(1) Kerala

The Kerala Civil Services (Disciplinary Proceedings Tribunal) Rules, 1960

These have came into force on 1-1-1960. The rules apply to all officers under the rule-making control of the State Government other than those referred to in Article 314 of the Constitution of India. The Tribunal consists of a judicial officer who has worked or is eligible to be appointed as District and Sessions Judge. Appointment to the Tribunal is made by the Government. The Government may refer to the Tribunal any case or class of cases, which they consider should be dealt with by the Tribunal.

If on a complaint or other information received and after such investigation, if any, as may be deemed necessary, the disciplinary authority or the appointing authority or any officer or authority employed by the Government in this behalf is satisfied that there is a prima facie case for taking action against an officer before the ;Tribunal, the authority shall forward to Government all the records of the case. The Government may, after examining such records and after making such consultations as may be deemed necessary decide whether the case shall be proceeded with and if so whether it shall be tried by the Tribunal.

The Departmental authorities may so send to the Government the records of cases other than of corruption which they think fit to be tried by the Tribunal and the Government may decide whether they shall be tried by the Tribunal or not. If the Government decide that the case shall be tried by the Tribunal they shall send the records to the Tribunal. When the Tribunal is seized of the case all departments of Government shall assist the Tribunal in the production of witnesses, in securing the necessary documents, and in such other ways as the Tribunal may desire.

The proceedings of the Tribunal are held in camera and after all the evidence and the arguments have been heard the Tribunal records its findings in respect of each charge and in case the accused Government servant is held guilty of any charge, it recommends to Government the punishment to be imposed.

Structure and Jurisdiction of the Higher Judiciary Back

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